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UNAT considered the appeal, specifically whether UNRWA DT erred by dismissing the staff members’ motions to adduce supplemental evidence on the grounds of receivability, and whether UNRWA DT erred by finding that the final contested decision was taken on 3 August 2014. UNAT found that Abu Malluh et al. acted with due diligence in the proceedings before UNRWA DT and further demonstrated that the supplemental evidence they sought to have admitted would have led to different findings of fact and changed the outcome of the case. UNAT noted that while UNRWA DT has broad discretion to determine the...

UNAT considered both of the Appellant’s cases in their judgment. UNAT held that it was not persuaded that UNRWA DT erred in deciding that the decision to close the cases arising from the Appellant’s complaints was lawful. UNAT noted that UNRWA DT’s decision was justified based on careful consideration of the Appellant’s arguments and evidence gathered during the investigation. However, UNAT held that the characterization of the decision to terminate the Appellant’s fixed-term appointment as a disciplinary measure tainted the process to such a significant degree that it rendered the decision...

UNAT rejected the Appellant’s request for an oral hearing and production of documents, to substantiate his claims of bias and discrimination against him, finding that a complaint of bias and discrimination was not receivable as it consisted of a series of past issues in respect of which he should have sought redress at the appropriate time. UNAT stressed that it was not the task of the JAB or UNAT to conduct a fresh investigation. UNAT rejected the motion for submission of additional documentation, finding no need for further evidence pursuant to Article 10. 1 of the UNAT RoP and no...

UNAT rejected the request for anonymity finding that there were no exceptional circumstances that could warrant departing from the general principles and from the well-established jurisprudence. UNAT held that the theoretical fear of upcoming uncomfortable relationships between members of the staff did not have merit. UNAT rejected the Appellant’s request to file a reply to the Respondent’s answer finding no exceptional circumstances justifying an additional pleading. UNAT rejected the Appellant’s second motion seeking leave to present additional “information” which she claimed related to...

UNAT rejected the request for an oral hearing finding that the factual and legal issues arising from the appeal had already been clearly defined by the parties and there was no need for further clarification. UNAT rejected the motion to file additional pleadings and evidence since the Appellant had failed to demonstrate the existence of any exceptional circumstances that justified the need to file additional pleadings or to submit additional evidence. UNAT held that the motion only presented factual and legal contentions that reiterated arguments made in the appeal brief. UNAT further held...

UNAT rejected the request for an oral hearing finding that the appeal had been clearly defined and that there was no need for further clarification. UNAT rejected the motion to file additional pleadings and additional evidence since the Appellant had failed to demonstrate any existence of exceptional circumstances that justified the need to file additional pleadings or to submit additional evidence. UNAT held that the motion only presented factual and legal contentions that reiterated arguments made in the appeal brief. UNAT further held that the Appellant had failed in his grounds of appeal...

UNAT found that UNDT had not addressed the Appellant’s request for an extension of time but had rather converted sua sponte the request into an incomplete application and summarily adjudged the application as not receivable. UNAT held that UNDT could not have converted sua sponte the Appellant’s request for more time into an application. UNAT held that UNDT had not afforded the Appellant the opportunity to file an application and had committed several procedural errors, exceeded its jurisdiction and competence, and violated the Appellant’s due process rights. UNAT vacated the UNDT judgment and...

UNAT found that UNDT had not addressed the Appellant’s request for an extension of time but had rather converted sua sponte the request into an incomplete application and summarily adjudged the application as not receivable. UNAT held that UNDT could not have converted sua sponte the Appellant’s request for more time into an application. UNAT held that UNDT had not afforded the Appellant the opportunity to file an application and had committed several procedural errors, exceeded its jurisdiction and competence, and violated the Appellant’s due process rights. UNAT vacated the UNDT judgment and...

UNAT considered the appeal from Thomas et al. UNAT found that UNDT had not addressed the Appellants’ request for an extension of time but had rather converted sua sponte the request into incomplete applications and summarily adjudged their applications as not receivable. UNAT held that UNDT could not have converted sua sponte the Appellants’ request for more time into applications. UNAT held that UNDT had not afforded the Appellants the opportunity to file an application and had committed several procedural errors, exceeded its jurisdiction and competence, and violated the Appellants’ due...

UNAT held that UNDT had not addressed the Appellants’ request for an extension of time but had rather converted sua sponte the request into incomplete applications and summarily adjudged their applications as not receivable. UNAT held that UNDT could not have converted sua sponte the Appellants’ request for more time into applications. UNAT held that UNDT had not afforded the Appellants the opportunity to file an application and had committed several procedural errors, exceeded its jurisdiction and competence, and violated the Appellants’ due process rights. UNAT vacated the UNDT judgment and...